The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-06-05

Legal remedies form an important,
practical part of the law. II the Law
merely defined rights, titles, and liber-
ties, but provided no coerciye means of
Securing them, then it would fall far
short OF its main object-the protection
of rights. Legal rights are those which
the law accords to every Individual, and
it extends potent and efficient arm TO
protect the same. Every right is pro-
tected, since for every infringement of
right, there is provided legal remedy.
COURT
is q place in which justice is jadIcaiiy
administered. Three constituents com
prise court-the plaintiff, the defend
ant, and the judge. The power Of 5
court is passive; it waits TO be moved;
il holds Its power ready 10 De TeY0ked
when any person makes q com plant
and states a proper case fOr the exercise
Of judicial power. The relief it affords
when wrongs are proysd is q com pensa-
tioU in damages awarded By 1t. Ii Il tai!
ure to perform 8 contract Is shown,
the court does not compel rh6
performance Of The contract,
bur awards damages because of that
failure. If property Is destroyed or re
moved without the consent or the
owner, he may recover the value Of ne
same or other damages forming part
OF the wrong done.
There are diferrnt forms OF action
adapted to particular cases, the ordil-
ary forms being as follows: Assumpsit
IS tie name given to 8 pro-
ceeding in court in which 4
claim is set up that a contract not under
seal has been violated. The sum asked
as compensation may be certain Or IN
csrfaic. Debt is the name given TO
form Of action in which it is claimed
that a certain sum of money was
promised to be paid at a certain time,
and the money was not paid, The sum
must in this case be certain III amount.
3-Covenant is a case brought solely
upon q specialty-a sealed contract.
fort is the name given for any
wrongful act, and Is the name for
form Of action upon it. 5-Tr0Ver IS an
action to recover damages against one
who found goods and would not deliver
them to the owner on demand; also an
action which lies in any case 10 recover
the value of goods wrongfully con
yerted To his own use. 1t thus embraces
aIl kinds of unlawful possession of
another property. 6-TTeSpa IS the
name for a form of action for the re-
cogery of damages appropriate TO any
case in which the wrong was done By
force. Only Il tang, bic objest therefore,
could be Affected bg the wrong known
as trespass. The owner canfecoyer the
vaiue OF the property destroyed, re-
moved, or injured by tie force en-
ployed, and tGe force may be actual
and aggravated or merely constructive.
1t is constructive if i person goes into
snother's field and without any vio-
lence whatever removes s horse, and
the TroDg would be a trespass, the
force being the act itsels But if the
force is actual and aggravated, and if
any lndignities arise from it, the
amount OF damage recoverable by the
plaintiff will be cOrresp ondingly en-
HANGED. Case is the form III which
the aggrieved party RECEIVERS damages
upon facts relating TO ncorporeal
right, Or to injuries done without VIC
lence.
There are also specific remedies by
actual restoration OF the property or
right taken away 81 misused. Suppose a
person IS unlawfuliY imprisoned. By
to the court be is relieved from
by writ of habeas corpus.
he and the person that imprisoned him
sTe brought before the court, and the
latter is required to show for what rea-
sons he imprisons the former. If real
estate is Eulswfully occupied or re-
tanned, the owner can recover it by an
act called ejectment, by which the IN
lawful occupant is compelled to remove,
and to deliver the property to the
owner. Personal property is recovered
by means of al action called replevin.
The foregoing cases in which satisfac-
ton may be had for any kind of injury
doue. are 80 comprehensive that all
kinds of wrongs fall within one or more
Of them. They are thus adapted to af-
ford legal compensation for all injuries
whatever.
THE METHOD OF PROCEDURE
in seeking any legal remedy is as fol-
lows: The power of the court must
arst be invoked by the plaintiff, and in
such manner that the court will &C.
quire jurisdiction over the alleged
wrong doer (the defendant.) Then the
defendant Is summoned or is placed
under arrest, and is offered an
opportunity to defend himself.
If the defendants personal an
pearance is necessary, the court
compels his attendance. The plaintiff
is required to file with the court, in
writing, statement Of his cause of
action. and the defendant when served
with summons or arrested is mott
fed OF the nature OF the charge against
him. Assumpsit is the name given to
the plaintiffs charge; if the defendant
denies the charge. his plea in answer is
called non. assumpsit. This brings the
case to an issue. No1.assrffnpsit is5tbe
lie dlrect.p alt means that the Defend
ant says, 81 did not do, nor undertake
to do certain things in manner and
form as alleged by the plaintiff Or
the defendant. while admitting the
alleged fact, urges some nuI!iy1pg
circun stance. But if he PLEADS The
statute OF limitations, or release. or of
accord and satisfaction between him
self and the plaintiff. it is special plea.
In all actions for wrongs, the general
plea Is, mot guilty"
THE DEFENDANTS PLEA,
If legal and sufficient, has only to be
proved in order TO meet the plaintiffs
charge. Then the plaintiff may denv